Settlement Agreement Lawyer in Beaufort SC

Dividing property is a complicated business. In South Carolina, property is either “marital” or “non-marital”. The first step in the process is to distinguish the marital property from the non-marital property. This is sometimes a difficult process, as transmutation of non-marital property often occurs during a marriage, either intentionally or through other acts between the husband and wife.

Non-marital (or separate) property is not included in property division. This would include property:

Acquired by gift or inheritance

Acquired in exchange for non-marital property

Acquired due to an increase in the value of any non-marital property

Acquired prior to marriage

Marital property is all jointly owned property and all other property, except “ separate property” acquired by either spouse during your marriage and up to the time of your separation. This can include almost anything acquired during the marriage— from a business to real estate to artwork, etc. Investigators and forensic accountants are commonly used to investigate assets and income to help achieve a fair and equitable result. Following identification, an expert determined collective value on the sum of all marital assets.

In deciding how to divide the marital property, judges will consider various factors, including:

The duration of the marriage together with the ages of each spouse at the time of the marriage and at the time of the divorce

Any marital misconduct

Income and earning potential of each spouse

Physical and emotional health of each spouse

Needs of each spouse for additional training of education to achieve that spouses income potential

Non-marital property of each spouse

Any vested retirement benefits

Whether alimony has been awarded

Desirability of awarding family home to spouse that has custody of any children

Tax consequences of equitable apportionment

Existence of any support obligations from a prior marriage

Liens or other encumbrances upon marital property

Child custody arrangements and obligations

For an Beaufort SC attorney highly knowledgeable about the financial aspects of divorce and equitable division of marital assets, please contact The Law Offices of H. Grady Brown at (843)379-3900. We will help preserve your property rights.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.